REGULAR MEETING of the Town Council to be held on Wednesday, November 12, 2003 at 8:00 o'clock p.m. in the Council Chamber, Town Building, Harrisville, for and within the Town of Burrillville.
MEMBERS PRESENT: Council President Wallace F. Lees; Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
MEMBERS ABSENT: None
1. Council President Wallace F. Lees called for a moment of silence in memory of former Councilor Arthur L’Esperance. The moment of silence was followed by the pledge of allegiance.
VOTED to accept the minutes of the special meeting held October 15, 2003 and the regular meeting held October 22, 2003 and dispense with the reading of said minutes.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
3. Public Comment:
Roger Bourbonniere, President, Downtown Pascoag Neighborhood Association invited the Town Council and public to participate in The First Victorian Holiday Celebration in Downtown Pascoag, to be held on November 29, 2003. He briefly described the event.
4. General Good and Welfare of the Town of Burrillville.
· Councilor Bleiweis commended Col. Richard Peck on the Veterans’ Day observance.
· Councilor Bleiweis also mentioned a request by Col. Richard Peck that the Burrillville Ambulance building be used for headquarters for the Veterans of Burrillville.
· Councilor Bonczek acknowledged the life of Jackie Moran, praised her accomplishments, and expressed sorrow at her recent death.
· Acting Town Manager John P. Mainville acknowledged Resource Office David Beauchemin, and the entire Burrillville Police Department, on a safety belt program highlighted in a recent AAA newsletter.
· Mr. Mainville advised the Council that Town Manager Michael C. Wood was recovering well from surgery.
5. Petitions: None
6. Special Business:
03-319 VOTED to receive and open the correspondence from Walter J. Kane, Town Solicitor, regarding his request that the Town Council vote to authorize the Council President to sign the deed of easement to the Nasonville Water District.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
Discussion: Walter J. Kane, Town Solicitor, explained that there would be a public hearing relative to a petition to abandon Old Tarkiln Road. In order to act on the petition, it will be necessary to grant an easement to Nasonville Water District. The easement will be recorded in the town records.
VOTED to authorize the Council President to sign the deed of easement to the Nasonville Water District.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
7. Unfinished Business:
03-117 VOTED to set a public hearing for Wednesday, December 10, 2003 relative to the petition from Anthony R. and Monica L. M. Sorrentino for abandonment of “Old Tarkiln Road.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William A. Andrews. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
03-296 VOTED to accept the withdrawal of the Verizon petition to relocate one joint pole (P.5) location 17’ north of Tarkiln Road.
Motion by Councilor William A. Andrews. Seconded by Councilor Edward F. Bonczek. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
8. New Business:
03-320 VOTED to receive and open the correspondence from Kevin M. Baker regarding his request for an abatement of interest; and the recommendation of John P. Mainville, Finance Director.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
Discussion: Mr. Baker was not present to address the Town Council.
VOTED to deny.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Louis Bleiweis. The motion was carried, six in favor, one opposed. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Ronald E. Faford and William E. Gonyea. Councilor Edward F. Bonczek voted in opposition.
03-321 VOTED to receive and open the correspondence from Micki Veerman regarding her request for an abatement of interest, and the recommendation of John P. Mainville, Finance Director.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
Discussion: Ms. Veerman was not present to address the Town Council.
VOTED to deny.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Ronald E. Faford. The motion was carried, six in favor, one opposed. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Ronald E. Faford and William E. Gonyea. Councilor Edward F. Bonczek voted in opposition.
03-322 VOTED to receive and open the correspondence from Richard A. Bernardo, Director of Public Works and John P. Mainville, Finance Director, regarding additional funding for the Mapleville Bridge replacement.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
Discussion: John P. Mainville, Acting Town Manager, reported that the Town Engineer had established additional costs associated with the Mapleville Bridge.
VOTED that the Town Council transfer $18,765 from the General Fund Contingency line item to the Mapleville Bridge line item (0100784-559130) in the Capital Improvement section of the current FYE2004 budget.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Louis Bleiweis. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
03-323 VOTED to receive and open the correspondence from Councilor Edward F. Bonczek regarding discussion and possible action on liquor licensing fees.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
Discussion: Councilor Edward F. Bonczek explained that the purpose of his recommendations was to support the business-owners. His suggestion was that, for those establishments that currently hold B(L) licenses and are applying for new (B)V licenses, the Town Council should consider accepting a $75.00 fee to cover advertising and notification; and that any costs for notification above and beyond the $75.00 fee shall be charged to the Town advertising line item.
VOTED to grant the license, as recommended.
Motion by Councilor William A. Andrews. Seconded by Councilor William E. Gonyea. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
VOTED that, while the mandated fee for a Class A liquor license is $1,000, the Burrillville Town Council will allow Class A license holders to pay the fee in two payments; one now and one six months from now, with the idea that if the law is changed, at that time the Town Council might forgive the second payment.
Motion by Councilor Louis Bleiweis. Seconded by Councilor William E. Gonyea. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
VOTED to adopt the following:
RESOLUTION
SUPPORTING LEGISLATION
AMENDMENTS TO TITLE THREE - ALCOHOLIC BEVERAGES
CHAPTER SEVEN - RETAIL LICENSES.—
WHEREAS, amendments to RIGL §3-7 enacted in 2003 impose significant financial hardship on certain businesses within the Town of Burrillville; and
WHEREAS, the Town Council of the Town of Burrillville believes that the need of the several municipalities vary; and
WHEREAS, the general laws of the State of Rhode Island should reflect these varying needs and provide the local licensing authorities flexibility in establishing liquor license fees.
NOW THEREFORE BE IT RESOLVED that we, the Town Council of the Town of Burrillville, respectfully request amendments to §3-7 to provide that: The annual license fee for a Class A liquor license shall be five hundred dollars ($500) to one thousand dollars ($1,000).
BE IT FURTHER RESOLVED that we, the Town Council of the Town of Burrillville, respectfully request amendments to §3-7 to provide that: The annual license fee for a limited Class B liquor license shall be two hundred dollars ($200) to one thousand five hundred dollars ($1,500).
PASSED AS A RESOLUTION of the Burrillville Town Council this 12th day of November 2003.
Motion by Councilor Edward F. Bonczek. Seconded by Councilor William A. Andrews. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
03-324 VOTED to receive and open the correspondence from Walter J. Kane, Town Solicitor, regarding a proposed ordinance setting forth the process for the town to exercise its power of condemnation, to be referred to the ordinance subcommittee.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
Discussion: Walter J. Kane, Town Solicitor, explained that the Charter allows the Town to take private property for public purposes, but the Charter does not provide a process. The Solicitor said that he had modeled the present ordinance after the law drafted for use with city and town’s redevelopment authority when the city or town takes property for a public purpose. The proposal sets out the necessary due process.
VOTED to refer to the ordinance subcommittee.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
03-325 VOTED that certain items, as listed, be declared surplus and disposed of to the highest bidder, as requested by Richard P. St. Sauveur, Superintendent of Public Works.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William A. Andrews. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
Discussion: Councilor William A. Andrews pointed out that there are two items listed and that the advertising cost would not justify advertising at this time. John P. Mainville, Acting Town Manager, suggested that these items would be combined with other items previously declared surplus, and that one advertisement would describe all items.
03-326 VOTED to receive and open the correspondence from the Tax Assessor’s Office, regarding abatements processed from July 1, 2002 through June 30, 2003, for approval; and additions processed from July 1, 2002 through June 30, 2003, for town council information.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William A. Andrews. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
Discussion: Councilor Jacqueline Zahn questioned the practice of copying this large document for each Councilor. She suggested that, in the future, the Council should be provided with a list of abatements, rather than a document for each; or that the Councilors could review one document at the Town Building.
VOTED to approve abatement in the amount of $105,723.17.
Motion by Councilor William A. Andrews. Seconded by Councilor Ronald E. Faford. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
03-327 VOTED to grant permission to the Burrillville Allied Veterans Council to conduct their Seventh Annual Memorial Parade on May 23, 2004.
Motion by Councilor William A. Andrews. Seconded by Councilor Ronald E. Faford. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
9. Town Clerk/Communication:
03-328 VOTED to send a letter of support for a full environmental impact study of the proposed infectious waste facility in Northbridge, as requested by the Northbridge Board of Selectmen.
Motion by Councilor Edward F. Bonczek. Seconded by Councilor William E. Gonyea. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
03-329 VOTED to receive and file the correspondence from the Providence Ronald McDonald House regarding their request for support.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
03-330 VOTED to receive and file the correspondence from Congressman Patrick J. Kennedy regarding his support of a ban on the use of MTBE; and his support of removing language that would shield manufacturers of MTBE from liability for their product.
Motion by Councilor William E. Gonyea. Seconded by Councilor Ronald E. Faford. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
Discussion: The Town Council briefly discussed that this correspondence was sent in response to a recent Burrillville Town Council resolution.
03-331 VOTED to receive and file the correspondence from the Burrillville Lions Club, thanking the town for the $1,000 donation received from the SBA.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
03-332 VOTED to receive and file a copy of correspondence from Thomas J. Kravitz to Supreme Mid-Atlantic regarding final approval.
Motion by Councilor William A. Andrews. Seconded by Councilor Ronald E. Faford. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
10. Additional New Business: None
11. VOTED to adjourn at 8:32 p.m.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor Ronald E. Faford. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
The meeting was taped. The tape is on file with the minutes.
Louise R. Phaneuf, Town Clerk
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